Tag: executive power

May 14, 2020

Don’t Expect to See Trump’s Tax Returns Before the Election

Donald Trump claims that while he is president, his pre-presidency financial records can’t be subpoenaed and he can’t even be investigated for criminal conduct. The Supreme Court will decide by the end of June whether Trump is indeed beyond the reach of the law. On May 12, the Supreme Court heard oral arguments about whether… Read more »

March 28, 2020

DOJ Seeks to Exploit Coronavirus Emergency to Detain People Indefinitely

Throughout U.S. history, presidents have exploited national emergencies to exceed their constitutional powers. Abraham Lincoln illegally suspended habeas corpus during the Civil War. Franklin D. Roosevelt confined people of Japanese descent in internment camps during World War II. And George W. Bush used his post-9/11 “war on terror” to launch two illegal wars, mount a… Read more »

November 10, 2019

Trump’s Order to Defy Subpoenas Is Itself Grounds for Impeachment

We’re headed for a separation of powers showdown between Congress and the president that will ultimately end up in the Supreme Court. The Constitution gives Congress the “sole Power of Impeachment.” Yet President Donald Trump has ordered all of his current and former senior advisers to defy congressional subpoenas to testify in the impeachment inquiry. Trump is… Read more »

January 19, 2019

William Barr Will Be a Loyal Foot Soldier in King Trump’s Army

At his attorney general confirmation hearing, William Barr sought to reassure senators on the Judiciary Committee that Robert Mueller’s probe would be allowed to continue, saying, “I believe it is vitally important that the Special Counsel be allowed to complete his investigation.” But Barr, who champions a disturbing radical right-wing theory of all-encompassing presidential power called… Read more »

January 11, 2019

If Trump Declares a National Emergency, He’ll Be Breaking the Law

Congress refuses to enact legislation containing the nearly $6 billion that Donald Trump is demanding for an unnecessary wall on the southern US border. In response, Trump is considering whether to declare a national emergency, take money Congress has appropriated for other purposes, and divert it to build his wall. But under US law, the… Read more »